How can a club change its statutes?
August 12, 2022 | 50,00 EUR | answered by Thomas Tressel
Dear lawyer specializing in association law,
I am Wanda Busch and a member of an association that has been in existence for several years. Recently, we have encountered some issues that could be resolved by making changes to our constitution. Unfortunately, we are not sure how to proceed in order to amend the constitution of our association.
Our constitution was drafted some time ago and has been functioning well, but due to changes within our association and legal requirements, we would like to make some adjustments. This includes, among other things, membership fees, responsibilities of board members, and the admission of new members. We want to ensure that our constitution meets the current needs and requirements.
My concern is that we may not be able to amend the constitution correctly, leading to legal consequences or uncertainties. Therefore, I am wondering how an association can legally and correctly change its constitution. Are there specific legal steps or wording that we need to consider? What documents or resolutions are necessary to officially amend the constitution?
I would greatly appreciate it if you could provide me with some information and advice on how our association should best proceed in order to amend our constitution while ensuring that we are legally compliant.
Thank you in advance for your assistance.
Sincerely,
Wanda Busch
Dear Mrs. Busch,
Thank you for your inquiry regarding the amendment of your association's bylaws. It is understandable that you are considering how to proceed legally in order to avoid potential legal consequences or uncertainties. Amending bylaws is an important step and should be carefully planned and implemented.
First and foremost, it is important to emphasize that the bylaws of an association form the basis for its organization and structure. They regulate internal processes, the rights and duties of members and the board, as well as other important aspects. If there have been changes in your association that require an adjustment of the bylaws, it is advisable to make these adjustments.
In general, bylaws can be amended by a decision of the general assembly. It is important that the planned changes are carefully considered and formulated in advance. It is advisable to seek legal advice to ensure that the planned changes comply with legal requirements and are legally correct.
Regarding the specific steps required for amending the bylaws, specific regulations may apply depending on the association and its bylaws. However, it is usually necessary for the board to draft a proposed amendment and present it to the members for a vote. The general assembly must then approve the proposed amendment with a certain majority (usually a simple or qualified majority).
It is important that the changes are properly documented. This usually includes preparing a protocol of the general assembly, in which the decisions and voting results are recorded. Additionally, the amended bylaws should be in written form and signed by a board member.
Finally, I would like to emphasize the importance of seeking advice from a specialist attorney in association law during the process of amending the bylaws. They can assist you in formulating the changes and ensure that you are legally compliant.
I hope this information is helpful to you and wish you success in amending your association's bylaws.
Sincerely,
Thomas Tressel
Attorney specializing in association law
